1Application for patent filed June 07, 1995. According to
the appellant, this application is a continuation o
08/405,396, filed March 15, 1995, w07/991,050, filed December
15, 1992.
Appellant’s argument is summed up in the following
statement:
Thus, Heuscher ‘946 [B] interpolates with a common
detector array and does not interpolate with
different detector arrays. (Brief-page 14.)
We agree with Appellant. Heuscher [B] simply does not
disclose interpolating data from two detector arrays as
recited in both independent claims 17 and 18. Thus we will
not sustain the 35 U.S.C. § 102(e) rejection of claims 17 and
18, and likewise claims 4 through 7 which depend therefrom and
contain the same limitations.
With regard claim 9, dependent from claim 17, we will not
sustain the 35 U.S.C. § 102(e) rejection for the same reasons
supra. With regard to the 35 U.S.C. § 103 rejection of claim
9, the question of whether or not convolution is shown in the
reconstruction means is irrelevant since the claimed
interpolating has not been met by the references. Thus, we
will not sustain the 35 U.S.C. § 103 rejection of claim 9.
8
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